DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food and Grocery Pty Ltd T/A Campbells
(AG2017/3415)

CAMPBELLS WA ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	HOBART, 21 NOVEMBER 2017

Application for approval of the Campbells WA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Campbells WA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Food and Grocery Pty Ltd T/A Campbells. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Shop, Distributive and Allied Employees Association (SDAEA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court was an application by Metcash Food and Grocery Pty Ltd trading as Campbells for approval of the Campbells Western Australia Enterprise Agreement 2016. The applicant sought the Court's approval under section 173 of the Fair Work Act 2009 (Cth). The dispute centred on the terms of the proposed enterprise agreement, which was intended to cover a range of employment conditions for employees of Campbells in Western Australia. The applicant argued that the agreement provided for appropriate employee representation, while the respondent raised concerns about the implications for certain employees' conditions.

The central legal issue before the Court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement contained all the mandated terms, whether it provided for appropriate employee representation, and whether the process leading to the agreement was conducted fairly. The Court also needed to consider whether the agreement met the requirements for good faith bargaining and whether it complied with the provisions of the Act.

In delivering its judgment, the Court considered the evidence and submissions presented by both parties. The Court found that the agreement contained all the mandated terms and that the process leading to the agreement was conducted fairly. The Court was satisfied that the agreement provided for appropriate employee representation and that the bargaining was conducted in good faith. The Court noted that while some employees had concerns about the agreement, the majority of employees supported it, and there was no evidence of coercion or undue influence. The Court concluded that the agreement met the statutory requirements and approved the enterprise agreement under section 173 of the Fair Work Act 2009.

The Court's final orders were that the Campbells Western Australia Enterprise Agreement 2016 be approved, effective from the date of the Court's judgment. The agreement was to apply to the employees of Campbells in Western Australia as specified in the agreement. The Court also ordered that the agreement be registered with the Fair Work Commission. The Court's decision provided clarity and certainty for both the applicant and the employees regarding the terms and conditions of their employment.

Metcash Food and Grocery Pty Ltd T/A Campbells

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established